FOOTBALL PLAYER RENTAL AGREEMENT

Abstract

Playing soccer is a popular sport that has been gaining an increasing number of fans for decades, and many young men dream of becoming professional players. The article is devoted to certain issues of the transfer of a football player from one club to another on loan. The peculiarities of the legal regulation of such relations at the level of national and international legislation, local regulatory legal acts of football clubs and the priority of their application when concluding a football player's loan agreement are highlighted. It has been established that the legal regulation of such relations is at the junction of civil and labor law. In order to prevent terminological conflict, the concepts of "football player rental agreement" and "football transfer" are distinguished, which are not identical concepts in terms of their content and legal consequences. The focus is on the "legal anomalies" of legal relations arising from the football player's lease agreement, because according to the general rule, only things that are determined by individual characteristics can be the subject of a lease agreement. Therefore, such a contractual construction goes beyond the generally accepted notions of a lease agreement, but does not contradict the principle of freedom of contract, which is inherent in civil law relations. The content of the football player's lease agreement, its essential conditions, subject composition, and features of dispute resolution are analyzed. No less important is the choice of law under which the future lease agreement will be concluded. After all, a football club may be registered in one country, and the football player will play in another. It has been established that a feature of the terms of a football player's lease agreement is the possibility of determining the body that will consider the dispute between the parties in the event of a violation of its terms by one of the parties. Therefore, preference is given to sports arbitration. It is concluded that the transfer of a football player from one club to another on the basis of a lease agreement is primarily regulated by the contract, but special rules, special regulatory legal acts, and local acts adopted by national and international football federations in the field of professional sports play an equally important role.